Loading...
HomeMy WebLinkAbout07-5278 GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY!' I.D. #16132 SiJ4TE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF b7- 5a78 C;~e ~ -~~. AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff' vs. IRVIN PROVOST Mortgagor and Real Owner 89-91 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant civic ac-riora: T~c~ !"CiRlCL o. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECIS10~1; ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN AI~OGADO, VAYA O LLAME POR TELIRFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER$ CON INFORMACIbN DE CbMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, $STA OFICINA PUEDE PROVEER$ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention~a goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney Fiie Number of 54779FC. Para informacion en espanol puede communicarse con Loretta a1215-$25-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORT`~AG~ FORECLOSURE 1. Plaintiffis AURORA LOAN SERVICES, LLC., 327 Inverness Drive South, Englewood, CO 80112. 2. The names and addresses of the Defendant is IRVIN PROVOST, 89-91 B Street, Cazlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On March O1, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS BANK, FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1984, Page 2351. The mortgage has been assigned to: AURORA LOAN SERVICES, LLC. by assignment of Mortgage . Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and aze incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents aze matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A~, («Prep~') 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for Apri101, 2007 and each month thereafter and by the teens the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges aze due and collectible. 6. The following amounts aze due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$171,000.00 Interest from 03/01/2007 through 08/31/2007 at 8.0500% .......................$7,036.16 Per Diem interest rate at $38.24 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,550.00 Late Chazges from 04/01/2007 to 08/31/2007 .............................................$114.72 Costs of suit and Title Seazch ......................................................................$900.00 Corporate Advance ......................................................................................$119.00 Escrow ........................................................................................................ -$628.64 $187,091.24 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a dischazge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has bcen sent to Defendant by certified and regulaz mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates} set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The date of the postmazk on the Notice was the same as the date of the Notice. The Defendant had the required face to face meeting within the required time and Plaintiff has been advised that the Defendant filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiffhas been advised by the Pennsylvania Housing Finance Agency that the Defendant's application has been rejected. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of S 187,091.24, together with interest at the rate of $38.24, per day and other expenses, costs and chazges incurred by the Plaintiff which aze properly chazgeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: D CK McCAFFERTY & McKEEVER B OSEPH A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, ~~~''~~('~- ~ ~y~l ~ as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ~'~~ ~~~ ~~- I~ AURORA LOAN SERVICES LLC #0045612934 - IRVIN PROVOST E.xki6itA 11 I ALL THOSE TWO CERTAIN traces or land together wdh the improvements thereon erected, sfi~a~ m;the Borough of Carhsie, County of Cumberland, Pennsylvania, bounded aril descnbed pursuant b the Final Subdnlrston Plan. of R Paul and J C S~gman, so prepared. by Larry V Ne~nger, R S , dad November 18, 1990 and recorded m the Cumberland County Recorder of Deeds Office in Plan Book 82, Page 15, a~ bilows, th Hnt ; TRACT NO 1 BEGINNING at comers common wdh lands naw or formerly of Tm~othy 8 Myers eking th nght-of-vray of B Street, thence aka aa~d lids of AAjrera, North 15 degrees 02 minutes 58 seconds feet th an ~ ptn, thence along a oert~n 13 foot wide aNey, Sdutlt 74 degrees 57 mmulms 02 seoohd distance of 70 00 feet to an iron pin at corners common with Tract No 2 harem, thence along Tract N 15 degrees 02 minutes 5t3 seconds West, a ds~oe of 85 00 feet to a pourtrt along the Northam r~ght- Street, thence along the nght-of-way of B Street, North 74 degrees 57 minutes 02 aec~r~ds West to a place of BEGINNING TRACT NO 2 BEGINNMG at comers common with Tact No 1 herein along the Northam nght-of-way Stmt, thence eking s~ci Tract No 1, North 15 degrees 02 mimes 58 seconds East, a distance Qf 8 an ~nm prn, thence along a oert~n 13 foot wide nght-of-way, South 74 degrees 57 mmules 02 seoonc distance of 27 21 feet th ~ iron pin, thence along lands now or brmery of Pau! S~gntsn and J C ~S~g 15 degrees 02 minutes 58 seconds, a d~startce of 85 00 feet b an iron pm, therxe akxg ttte Northern nght-ofaNay of B Street, North 74 defines 57 minutes 02 seconds West, a d~tanoe of 27 21 feet to a l>~ng the Pia of BEGINNING HAVING thereon erected a two-story dweY~ house known and numbered as 89 and 91 B Street, C~ Pennsylvania 8K 1984PG23b7 Northern Est 85 00 East, a 2, South f-way of B omt the neofD oa teat ro ~ West, a pan, South i (HS 2008318 PFDM3 2006-318138) I ~Ea~Fii6it ~ l~i~,;;.~_rl:•~': l.l.~r,:~` ..~t+~.`• !~.,i-•~ 3 MU utrAU~~ ~c~ ern. ~~O~S(~t11~-93 y,v!t 5~~~ ~'OU~ ~a1.1~ F~a~~~ .'JL':5c. 11, 1007 . ~o~.EC~,asu~~ G045E12934CL07106-11-07 Irvin Provost PO Bc+x 415 New Kingstown PA 17072 RE: Borrower(s): ~ Irvin Provost Property Address: 89 -91 H St Carlisle PA 17013 Loan No.: 0045612934 Current Lender/Servicer: Aurora Loan Services 7160 3901 9449 833L 3516 • This is an official notice that the mortgage on your home is in default, • and the lender intends to~foreclose. Specific information about the nature of. the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM {HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and. phone number of Consumer Credit Counseling Agencies serving your County are listed at the .end of this Notice. If you have any questions, you may call the Pennsylvania Housiag Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. • LA NOTIFICACION EN ATa7UN!"0•ES DE SUMA IMPORTANCIA, PLIES AFECTA SU AERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONT'ENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE 5ALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 IMPORTANT INFORMATION ON PAGE 5 u ~~ Loan Wumi~r aC~5E12934 Fage 2 ai 6. HON.EOh'~IER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM liOU MAY bE ELIGIBLE FOR FINANCIAL ASSISTANCE 'riHICH CAN SAVE YOUR HQME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"}, YOU MAY BE ELIGIBLE ' FOR EMERGENCY 1~ORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ' * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30} days from the date of this Notice. During this time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE-NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty t30} days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. I~t is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default}. If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencie$ have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30} days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAX PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR (APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 1-:' ;. ». . u° ~ . . ~!.\ it S.t, :CS .1r ~. s • Lc•~n P~umbEr 00~ SE1^•.9: 9 Pace :i of 6 AGENCY P.CTI!.liJ - Availa~;le funds for emergency mortgage assistance are very limited. They gill be dis.~ursed by the Agency under the eligibilit criteria established by the Act. The Pennsylvania Housing Finance Agenc has sixty t60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. IJOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on~ your property located at: 89 -91 B St, Carlisle PA 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 1356.71 for the months of April 01, 2007 through today, June 11, 2007. Unpaid Late Charge Balance 57.36 NSF Fees.00 Inspection Fees.00 Corporate Advance 12.00 (Less Suspense).00 TOTAL AMOUNT DUE $ 4139.49 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST ~JE TO THE LENDER, WHICH IS $ 4139.49 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY ;30) DAY PERIOD. Payments must be made by cashier's check, certified check or money order made payable and sent to: Aurora Loan Services • Attn: Cashiering Dept. PO Box 5180 Denver, CO 80217-5180 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this Notice: IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise their rights to accelerate the mortgage debt considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made ,~w"~thin THIRTY (30) DAYS, the lender also intends to instruct their lattorneys to start legal action to foreclose upon your mortgaged ~roperty.~ ' ~ ~ ' L•oar. Nu*nrer 0045512933 Fage A cf 6 Ir THE riC~RTGAGE IS FCF.ECLOSED tII'0*i - :he mortgaged properc~~ will be sold by the Sheriff to pay off the mortgage dEbt. If the lender refers Your case to their attorneys, but you cure the delinquency before the lender begins legal proceedings against yon, you will still be required to pay the reasonable attorney fees that were actually, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the Lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30f DAY period by paying all amounts due, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also start legal action against you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30~ DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees apd costs connected with the foreclosure sale and other costs connected with the Sheriff's sale as specified in writinq.by the lender and by pezforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's sale of the mortgaged property could be held would be approximately ten (10? months from the date of this Notice. A notice of the actual date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: AURORA LOAN SERVICES Address: PO HOX 1706 Scottsbluff, NE 69363-1706 Pi;one Number: 800-550-0509 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the. property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be initiated by the lender at any time. ~`' • r u:.' ~ ••• Loan Nutr:~er G095E1::a3~i Page 5 of 6 r.SSUMPTiCtd GF ?~OR'1'G'Ar.•E' - You ~aay or gray not sell or tra::sfer you: home to a buyer or transferee who will assume tre mortgage nebt. pr:~~rided that all the outstanding payments, c2iarges a~~d attorney fees and costs are paid prior to or at the sale ar~d rl;at the other requirements of the mortgage are satisfied. YOU MAY ALSO H~,VE THE RIGHT • * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE 2~RTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO • PAY OFF THIS DEBT. • * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS AIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMEI~PS . • * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may find out at any time exactly what the required payment will be by calling us at the following number: 1800) 550-0509. This payment must be cashiers check, certified check or money order, payable to Aurora Loan Services and sent to the address above. You should realize that a Sheriff's or other similar official's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be initiated to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default, or any other defense that you may have, to acceleration or foreclosure. You have additional rights to help protect your interest in the property. • ~'••~. ~r-,~ 1o~n N~:,r.'oer Ci045611.939 Page 6 of u lo~a have the right to ~_ell t*:e pro;~erty to o'rtain money to pay off t~'.c- mortgage debt, or to borrow n~ancy fro~r~ another leading institution to pay off this Debt., You may have the rir~ht to sell cr transfer the property, subject to the mortgage, to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied. ~~ Contact us to determine under what circumstances this right might ! exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than THREE (3) times in any calendar year. This is an attempt to collect a debt and any information obtained will be•used for that purpose. However, if you have previously received a discharge fn bankruptcy, and you were a borrower on a loan with Aurora Loan Services, or its predecessors), at the time of filing your bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt or impose personal liability against you, but solely an enforcement of a lien against the property. If you~have any questions regarding this matter, feel free to contact one of our Loan Counselors at the address above or by calling 800-550-0509. Loan Counseling Aurora Loan Services ~: . H~MAP Consumer Credt Counsetin .~ (CUN#BERLA~D County ~! Reaort last uQdatt3~: 1/2fv2lXl& 8:32:23 Atl; Acorn Housing 14 S. t;th Sveet HanisGtxg, PA 17104 717.213.0150 Adams County fnterrai:h Housing Authority 40 E H~gt- Street t3ettystxug, PA 17325 717.334.1518 ; CCCS M Western PA 2000 l.irpiesfown Road Narriaburg, PA 1710: 8!)8.511.2227 community Action commission or Captial Region 1514 Derry Svcet Hatrisbag, PA 17104 717.232.9757 Loveship,lnc. 2320 North 5th Sheet wrristwrg, PA 17110 717.232.2207 INaranatha 43 PN-Sdeiphia Averwe Waynesboro, PA 17268 717.762.3285 PHFA - 211 North Front Street Hsrriebwg. PA 17110 - 717.780.3940 800.342.2397 ` 7160 3901 9849 8336 3509 TO: 1RVIN PROVOST PO BOX 415 NEW KINGSTOWN PA 17072 _ SSA: Aurora toan Sesvfoes il~.`EL 0045612934 RETtN1N /IEfi~P'T Gptllsd FN SERVICE tleANrr ~~ FM 11MMAaMO t~bgt porgpr! l F« pus~I.~r~srwo. ~~~ IN UI1Y11r10~ (lortrepr, PIOiA01d Oe t4e1 qN br YiMmdotil f4y Pos~rac on oA»: ?16Q 39D1 9849 8336 3526 T0: IRVIN PROVOST 89 _ -91 B ST CARLISLE PA 17013 _ SERA: Aurora Loan Services Nom: 0045612934 Rf~Tt1F1N RECEIPT sERVtCE cies ? IJ8 P~osgl 8srvlos ~ /+R~.,~q~p~t far r v{iF N IIRAi = No 4~usnor, OaMM~ ProAed Oo Not tAo ror II~IpenronY Mei PQ®1MAftft OR t)1-TE ~ ~ i~- ~ c.~ ^~ v o ~b ~ ~ -~ f,-, r- cr, i..~,~ ---~ ~ -~ -- , 0 -~, ;-~, =- ~ s ~ J ~ - ,1 6~ r ~',~ .~ 'eta ~' ~ -•k'• ~~ ~~ ~'"il ~~ {-~~ n ' ~`~ f~.j . c~ ~ ~,-~ ^~ sf . U J SHERIFF'S RETURN - REGULAR C7~SE NO: 2007-05278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS PROVOST IRVIN MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PROVOST IRVIN the DEFENDANT at 1035:00 HOURS, on the 20th day of September, 2007 at 89-91 B STREET CARLISLE, PA 17013 by handing to SHELIA DANIELS, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit p~ Surcharge ~ql ~ D Sworn and Subscibed to before me this of So Answers: 18.00 ~ ^ 4 . 8 0 J~,~ _ 10.00 R. Thomas Kline .00 32.80 09/26/2007 GOLDBECK MCCAFFERTY MCKEEVER By: day Deputy Sheriff A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS PROVOST IRVIN R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent searcYi and and inquiry for the within named DEFENDANT PROVOST IRVIN but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On September 26th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff ' s Costs : So answe -''"~ ._/" Docketing 6 . 00 _.~-.f ~~-~%'' ~ ~. Out of County 9.00 / 07 '` --/-""` '~,,,~-'~'„ Surcharge 10.00 l~~ll R. Thomas Kline' Dep Dauphin County 29.25 d~ Sheriff of Cumberland County Postage .75 55.00 09/26/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A.D. ~~ Thy ~®ur~ ®f ~~m~a®n Plus ~f ~'~rnb~riand ~~un~y, Pennsylv~~iia Aurora Loan Servicss LLC VS. Irvin Provost 07-5278 civil No. Now, SA~tgnbar 12, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , ~~~ Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to So answers, Sworn and subscribed before n1e this day of , 20 Affidavit of Service ,20 ,at copy of the original o'clock M. served the the contents thereof. Sheriff of COSTS SERVICE ~ $ MILEAGE _ AFFIDAVIT County, PA (~ffi~cE v# ~~ o~~{eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania : AURORA LOAN SERVICES LLC vs County of Dauphin PROVOST IRVIN Sheriff's Return No. 1308-T - - -2007 OTHER COUNTY N0. 07 5278 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for PROVOST IRVIN the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 18, 2007 PER KENNETH PROVOST, BROTHER, DEF MOVED OUT 10 YEARS AGO, DOES NOT KNOW ADDRESS, WORKS AT WALMART IN MECHANICSBURG Sworn and subscribed to Before me this 18TH day of SEPTEMBER, 2007 f~o~t./ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PAID BY COUNTY WONG In the Court of Common Pleas of Cumberland County AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff vs. IRVIN PROVOST (Mortgagor(s) and Record Owner(s)) 89-91 B Street Carlisle, PA 17013 No. 07-5278 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against IRVIN PROVOST by default for want of an Answer. Assess damages as follows: $189,232.68 Debt Interest from 10/30/2007 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIC) ~' AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN F THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered th party a inst whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at lea t to days for to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 r~ - _~ Joseph A. Gold r. Attorney for Pl 'nt I.D. #16132 AND NOW OL'~p(~p,~ c31~ ~7 Judgm t is entered in favor of AURORA LOAN SERVICES, LLC. and against IRVIN PROVOST by default for wa of an saver and damages assessed in the sum of $189,232.68 as per the above certification. Okg 54779FC THIS LAW )FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October i2, 2007 TO: IItVIN PROVOST 89-91 B Street Carlisle, PA 17013 AURORA LOAN SERVICES, LLC. 32? Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST (Mortgagor(s) and Record Owner(s)) 89-91 B Street Carlisle, PA 17013 Plaint Defendant(s) TO: IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 07-527$ iMPnRTANT NOTi .F. YOU ARE iN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A 1tJRT.iTIrN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN. WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIIuIS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (14) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O'TIIER IlviE'ORTAN'T RIGHTS. YOU SHOULD TAKE THIS FAFER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIltE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RIDUCED FEE OR NO FEE. CUMBERLAND C011JNTY BAR ASSOCIATION 2 4baty Avenue Carlisle, PA 17013 LEGAL SERVICES DJC 8 hvine Row Carlisle, PA 17013 717-243--9400 GOLDBECK McCAFFERTY & McI~EVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Marker Street. Philadelphia, PA 19106 215-825-6318 r ., VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, IRVIN PROVOST, is about unknown years of age, that Defendant's last known residence is 89-91 B Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier; f Congress of 1940 and its A Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST (Mortgagor(s) and Record owner(s)) 89-91 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-5278 ORDER FOR JUDGMENT Please enter Judgment in favor of AURORA LOAN SERVICES, LC. and against IRVIN PROVOST for failure to file an Answer in the above action within (20) days (or sixty 60) ays if defendant is the United States of America) from the date of service of the Complaint, in the sumo $18 ,232.68. Joseph A. Goldb~ Attorney for Plain i I hereby certify that the above names are correct and that the pre is side ce address of the judgment creditor is AURORA LOAN SERVICES, LLC. 327 Inverness Drive So th glees od CO 80112 and that the name(s) and last known address(es) of the Defendant(s) is/are IRVIN P OV T 9- 1 B Street Carlisle, PA 17013; t GOLDBECK Mc RTY & McKEEVER BY: Joseph A. Go bec Jr. Attorney for Plaint f ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $171,000.00 Interest from 03/01/2007 through $9 292.32 10/29/2007 Reasonable Attorney's Fee $8,550.00 Late Charges $0.00 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $0.00 $0.00 Corporate Advance $119.00 Escrow -$628.64 $189,232.68 GOLDBECK MICA] BY: Joseph A. Goldb Attorney for Plaintiff AND NOW, this day of 2007 damages are assessed as & McKEEVER Pro Prothy -W- n © Tjr`Y __ ~} .--t ~-;;~ c~ c ~a ~. ~ --../ C__7 '-~ (~ 1 i~ { ; ,.. ~,~ ~ f'. ~t~ `._ '`~ ~ .C~' "` Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff vs. IRVIN PROVOST (Mortgagors and Record Owner(s)) 89-91 B Street Carlisle, PA 17013 Defendant(s) No. 07-5278 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: a!(fJ /D~3~a7 If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89-91 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5278 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/30/2007 to Date of Sale at 8.0500% (Costs to be added) $189,232.68 GOLDBECK McC TY & McKEEVER BY: Joseph A. God ck, J . Attorney for Plain iff ,~ w a z 0 00 ~~ ~ 0 U E' °. O za 0 w 1F U a w U W 0 Q ~4 . ~w ~ $ z ~o ~ .-. ~, O M C/] b " O ~ p ~ ~ a~ ~ ~b~a a, ~ ,~ ~; ~~ .~ ~. ~ ~~v 0 .~ ~' S ~~ z 0 w~ ~. wo W n~ ~ ~ H FO o~ w° w~ U a ti N b O C7 ti ~. ~, ~U U y O b ~~ ~ a~3 ~ N y ~ Q M w '~ .~G cd ~ ~o~~~ ~_ ~~ O ~ N ~ ~ ~ :~ do a ~° o~ C7 ~~~~~~ ~ ooo° ~~ o .~ b _ ~ ~ G ~ :? N D y~~ b ~ ~7 ~~, I~ y -L ~ ~-°( ~ t-, CT1 Wi t'-~ ^^ _, ~ .. ~r~ 7 1 j'Lj _._{ _- ALL THOSE TWO CERTAIN tracts or land together with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland Pennsylvania, bounded and described pursuant to the Final Subdivision Plan of R Paul and J C Sigman, so prepared by Larry V Neidinger, R S, dated November 18, 1990 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 15 as follows, to wit TRACT NO 1 BEGINNING at corners common with lands now or formerly of Timothy B Myers along the Northern right-of--way of B Street, thence along said lands of Myers, North I S degrees 02 minutes 58 seconds East 85 00 feet to an iron pin, thence along a certain 13 foot wide alley, South 74 degrees 57 minutes 02 seconds East, a distance of 70 00 feet to an iron at corners common with Tract No 2 herein, thence along Tract No 2, South 15 degrees 02 minutes 58 seconds West, a distance of 85 00 feet to a point along the Northern right-of--way of B Street, thence along the right-of--way of B Street, North 74 degrees 57 minutes 02 seconds West to a point, the place of BEGINNING. TRACT NO 2 BEGINNING at corners common with Tract No 1 herein along the Northern right-of.--way line of D Street along said Tract No. 1, North 15 degrees 02 minutes 58 seconds East, a distance of 85 00 feet to an iron pin, thence along a certain 13 foot wide right-of--way, South 74 degrees 57 minutes 02 seconds West, a distance of 27 21 feet to an iron pin,. thence along lands now or formerly of Paul Sigman and JC Sigman, South 15 degrees 02 minutes. S8 seconds, a distance of 85 00 feet to an iron pin, thence along the Northern right-of--way of B Street, North 74 degrees 57 minutes 02 seconds West, a distance of 27 2I feet to a point, being the place of BEGINNING TAX PARCEL NO.'S :06-20-1798-052; 06-20-1798-052A Go~be~McCafferty & McKeever B~: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST (Mortgagor(s) and Record Owner(s)) 89-91 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5278 AFFIDAVIT PURSUANT TO RULE 3129 AURORA LOAN SERVICES, LLC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 89-91 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 89-91 B Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correc o the information and belief. I understand that false statements herein are made su ject to relating to unsworn falsification to authorities. DATED: October 29.2007 GOLDBECK cCPy BY: Joseph A. old Attorney for Pl intiff of my ersonal knowledge or Sena ies of 18 Pa. C.S. Section 4904 'Y & McKEEVER ., Esq. ~~ ~ ~. _ ' ~ ( i '' 4';r ~~.~ .~.:.~ _ .....r ~i 7 ?? r_ - C.a~ 'Y~ iS, ... ., ., ... ~ r^~ ~ ~ • . ._..:. 1 .(,~A ~? _ - ~ --«. 3 r ;; -K~ CJ Zj E.i i -< 07-5278 G(~LDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89=9I B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5278 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PROVOST, IRVIN IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 Your house at 89-91 B Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:04 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,232.68 obtained by AURORA LOAN SERVICES, LLC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to AURORA LOAN SERVICES, LLC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. o~-sz~s You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STII,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-b390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your properly. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 +, . Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 07-5278 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure andlor package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 54779FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89-91 B Street Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 07-5278 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of action, and I further certify that this property is subject to Act 91 of 1983 and the the provisions of the Act. for the Plaintiff in this has complied with all Joseph A. G~ Attorney for ~'J ~-~~ ~7 r ri; t"") ~ ~ b ~ v.' ~9 - ter; "~~ ' L i ~i7i .~ ~9 "~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5278 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From IRVIN PROVOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $189,232.68 L.L.$.50 Interest from 10/30/07 to Date of Sale at 8.0500% Atty's Comm % Due Prothy $2.00 Atty Paid $206.80 Other Costs Plaintiff Paid Date: 10/30/07 S C is R. Long, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 54779FC CF: 09/04/2007 SD: 03/05/2008 $189,232.68 AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff vs: IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89-91 B Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CML ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5278 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Qec Joa.~ ~ s • O . ~ "~~ - OQ Personal Service by the Sheriffs Office/ ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff s Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Off~ce/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail &. ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has. been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, Joseph A. Goldbeck, Jr. ~ Attorney for Plaintiff ~~ ~~ ~~ .i r 0 4 O o ` ~o r- ` ON 61 . ° `Z ~ ,I ~ ~ ~ ; ° 1 ~~ ~ ~ ~,~~ h~ N ~ 1Q6 ~ 1 ~O.,u~ o °o ~ IC I ~ 'C A. •{ ~{, N = ~ a ~~~ ~ ~ x~~ ~m ~~ b8 a~ $ u- ~ ~ ~ z ~ . ' ~ ~~ U ~ ~ ' ~ ~ a~z~f DDDD ~ U ~ -~ m•Qa O ~ ~ O ]W ~ Q g O a m o_ $ cai~ ~ W ~ O a W~~ <O ~~ ¢ ~.-. ~ ~ ~ m ~~ F} x ~ o ~~ _ a ~ ^DO^ F- m ~~$~ ~ ~ ~ ~~m ~0 ~ Z m ¢~ F z~ - DU~U 4m'ia ~ H~ ~~ ~~ 1i ~n z~ ~~ F z ~ ' ~ a '~ y ~ ¢ $ ~ y CW$YWa Wm ~ r y ~ p W '~ O zz F - cE Z ~ ~ p S ~ fq ~w~ w ~ CV (M ~ t[? f0 1~ Op h= e • a d a N O 0 ~~ 1~. ti d g N 0 d ~! C O U c E U U ti O a ri i ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89-91 B Street Carlisle, PA 17013 Term No. 07-5278 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 AURORA LOAN SERVICES, LLC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 89-91 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): IltVIN PROVOST 89-91 B Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person-who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which maybe affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS 89-91 B Street Cazlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 30, 2008 G DBECK Mc AFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~. ~~~ t ~- ~ ~tc'~ `.v ,~' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which AURORA LOAN SERVICES LLC is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 30 day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5278, at the suit of AURORA LOAN SERV LLC against IRVIN PROVOST is duly recorded as Instrument Number 200808325. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ ~~~ day of ,~ ~(cs Recorder of Deeds r+eoardar of Deoda, Cwnuerland (:ounty, Carlin, PA +~y Comnnisaion Emir®a ~e Firot Monday of Jm. 2010 Aurora Loan Services, LLC VS Irvin Provost In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5278 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1520 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Irvin Provost, by making known unto Irvin Provost personally, at Wal-Mart, 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1140 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Irvin. Provost located at 89-91 B Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Irvin Provost, by regular mail to his last known address of 7073 Carlisle Pike, Apt. 30, Mechanicsburg, PA 17055. This letter was mailed under the date of January 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Aurora Loan Services, LLC. It being the highest bid and best price received for the same, Aurora Loan Services, LLC, of 327 Inverness Drive South, Englewood, CO 80112, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,093.55. Sheriff s Costs: Docketing $30.00 Poundage 21.44 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 30.00 Surcharge 30.00 Law Journal 383.00 Patriot News 383.54 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1093.55 / .~12'p f D~ ~i~'~ ~ so. sv CK~t G~4C~( !2~ ~~ I /. ~-~ R. Thomas Kline, Sheriff BY~J L Vv..~~ Real Estate S rgeant holdbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. AttorneyLD. #16132 Suit;;°5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 vs. IRVIN PROVOST (Mortgagor(s) and Record Owner(s)) 89-91 B Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5278 AFFIDAVIT PURSUANT TO RULE 3129 AURORA LOAN SERVICES, LLC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 89-91 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name arid address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS 89-91 B Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correc o the est of my " ersonal knowledge or information and belief. I understand that false statements herein are made su ject to e Pena ies of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 29, 2007 GOLDBECK cC ERTY & McKEEVER BY: Joseph A. old ec r., Esq. Attorney for Pl intiff 07-5278 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 Plaintiff vs. IRVIN PROVOST Mortgagor(s) and Record Owner(s) 89-91 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5278 Defendants; THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: pROVOSr, ~RVrN IRVIN PROVOST 89-91 B Street Carlisle, PA 17013 Your house at 89-91 B Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,232.68 obtained by AURORA LOAN SERVICES, LLC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to AURORA LOAN SERVICES, LLC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You ma}~ be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. o7-s27g You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10} days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-5278 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3}. Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options.` 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 54779FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THOSE TWO CERTAIN tracts or land together with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland Pennsylvania, bounded and described pursuant to the Final Subdivision Plan of R Paul and J C Sigman, so prepared by Larry V Neidinger, R S, dated November 18, 1990 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 15 as follows, to wit TRACT NO 1 BEGINNING at corners common with lands now or formerly of Timothy B Myers along the Northern right-of--way of B Street, thence along said lands of Myers, North 15 degrees 02 minutes 58 seconds East 85 00 feet to an iron pin, thence along a certain 13 foot wide alley, South 74 degrees 57 minutes 02 seconds East, a distance of 70 UO feet to an iron at corners common with Tract No 2 herein, thence along Tract No 2, South 15 degrees 02 minutes 58 seconds West, a distance of 85 00 feet to a point along the Northern right-of--way of B Street, thence along the right-of--way of B Street, North 74 degrees 57 minutes 02 seconds West to a point, the place of BEGINNING. TRACT NO 2 BEGINNING at corners common with Tract No 1 herein along the Northern right-of--way line of D Street along said Tract No. 1, North 15 degrees 02 minutes 58 seconds East, a distance of 85 00 feet to an iron pin, thence along a certain 13 foot wide right-of--way, South 74 degrees 57 minutes 02 seconds West, a distance of 27 21 feet to an iron pin, thence along lands now or formerly of Paul Sigman and JC Sigman, South 15 degrees 02 minutes. 58 seconds, a distance of 85 00 feet to an iron pin, thence along the Northern right-of--way of B Street, North 74 degrees 57 minutes 02 seconds West, a distance of 27 21 feet to a point, being the place of BEGINNING TAX PARCEL NO.'S :06-20-1798-052; 06-20-1798-052A WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5278 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From IRVIN PROVOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s j or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $189,232.68 Interest from 10/30/07 to Date of Sale at 8.0500% Atty's Comm Atty Paid $206.80 Plaintiff Paid Date: 10/30/07 (Seat) L.L. $.50 Due Prothy $2.00 Other Costs s ,C . C rtis R. Long, Prothonota By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #44 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 89-91 B Street, Carlisle, more fully described on Exhibit "A" m~;~ filed with this writ and by this reference incorporated herein. ~,, Date: November 7, 2007 By: ~,~c:;c1C.~~ .;~~t ~~.~~~ ~~~ Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~~ L' a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Publlc CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 2B. 2010 REAL ESTATE SALE NO. 44 Writ No. 2007-5278 Civil Aurora Loan Services, LLC vs. Irvin Provost Atty.: Joseph Goldbeck DESCRIPTION ALL THOSE TWO CERTAIN tracts or land together with the improve- ments thereon erected, situate in the Borough of Carlisle, County of Cumberland Pennsylvania, bounded and described pursuant to the Final Subdivision Plan of R Paul and J. C. Sigman, so prepared by Larry V. Neidinger, R S, dated November 18, 1990 and recorded in the Cum- berland County Recorder of Deeds Office in Plan Book 62, Page 15 as follows, to wit TRACT NO 1 BEGINNING at corners common with lands now or formerly of Timo- thy BMyers along the Northern right- of-way of B Street, thence along said lands of Myers, North 15 degrees 02 minutes 58 seconds East 85 00 feet to an iron pin, thence along a certain 13 foot wide alley, South 74 degrees 57 minutes 02 seconds East, a dis- tance of 70 00 feet to an iron at com- ers common with Tract No 2 herein, thence along Tract No 2, South 15 degrees 02 minutes 58 seconds West, a distance of 85 00 feet to a point along the Northern right-of-way of B Street, thence along the right-of- way of B Street, North 74 degrees 57 minutes 02 seconds West to a point, the place of BEGINNING. TRACT NO 2 BEGINNING at corners common with Tract No 1 herein along the Northern right-of-way line of D Street along said Tract No.l, North 15 de- grees 02 minutes 58 seconds East, a distance of 85 00 feet to an iron pin, thence along a certain 13 foot wide right-of-way, South 74 degrees 57 minutes 02 seconds West, a distance of 27 21 feet to an iron pin, thence along lands now or formerly of Paul Sigman and J C Sigman, South 15 degrees 02 minutes 58 seconds, a distance of 85 00 feet to an iron pin, thence along the Northern right-of- way of B Street, North 74 degrees 57 minutes 02 seconds West, a distance of 27 21 feet to a point, being the place of BEGINNING. TAX PARCEL NOS.: 06-20-1798- 052; 06-20-1798- 052A. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 _~ Sworn to and su ibed befor m~'this ay of February, 2008 A. D. r- : ~_ ~~..~ Notary Public COMMONWF~yLTF- OF" ~'~1~~1,yYLiJA9~Jla .St~9rl16 L Kisr}~t ~' ~dn~ ~':dl3ilC City Of F~Ar+r~l~;;:r,{ ~~ ar,;tain County MY ~' ~ .~pir~ •. Ao /. 26, 2011 Member, Pennaylvania q~sr ^iatson of Notaries R~IIL ES?A1E 9M:S MO.4t MMt rib. 2~B7-i2Td CMI 7~r- Ae~raa ttoen'lt~trle/s LI.C VS Irvin. PfOV~O8t Atrotmey Joseph Qiolc~teck DESCRIPTION ALL THOSE TWO CERTAIN tracts or land together with the impmvemtats thercen-erected, situate in the Boroi~t of Carlisle,_ Couoty of Comberland Pennsylvania, banded and described patsuant to the Final Sobdivision Plan of R Pau! and 7 C Sigaaan, so preptned by Larry V Neidinger, R 5, dated November 18,1990 and recorded in the C'~oabealand County Recrnder of Deeds Office in Plan Book 62, Page 15 as follows; to wif TRACE NO 1 BEGIli1Nfl`TG at comas common with lands naa+ or fa~ttiy of Tanolhy B 1H*jas aktog the Noathan right-0f-waq of B St-tet, thence along said lands of Mycts, Nark 15 degrees 02 miertoc 5>i sec~pds East 85 00 fert to ao iron pn, tMpp41 x 1M~4Y1ty3ii !Yt wGle dlq, snalh 74 ~ s7 apt i a dWapc d '!~'~IY'Atllt tla ~ Yoe r tomes wmmon with Tract No 2 herein, thence along Tract No 2, Soutlt 15 degtces Ol miaates 58 seconds West, a distance of 8300 feet to a point along the Northern right-of-way of B Street, thence along the,dght-afi way of B Street, North 74 degrees i7 minutes 02 seconds West to a point, the puce of BEGINNING. TRACT NO 2 BEGINNING at corneas common with Tt~t No 1 herein along the Northern right-of-way line of D Street ah>ng said Tract No.l, North Is degrees 02 minutes 58 seconds East, a distance of 85 00 feet to an iron pin,. tbe¢ce,xlong a ceatain 13 foot wide rig6t-af way, Sanl-14 degrees 57 minutes 02 seconds Wes, a distanoo of 27 21 feet to an iram pin, tl>edrce akwg lards now or formerly of Paul Sigmas and J C Sigmnp, Souk 1s degrees 02 minutes 58 seconds, a distinoe of 85 00 feet to an iron pin, thence ai~og fhe, Nacthem right- of-way of B Stncet, Nafh 74 degrxs 57 minutes 02 seconds West, a distance of 27 21 fed to a point, being the place of BEGINNING TAX PARCEL N0.?S :Ofr20.1798-052; Ob-20- "~'"3-052A Assignment of Bid NO. 07-5278 -PROVOST 89-91 B Street Carlisle, PA 17013 I, Michael T. McKeever, Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated March O5, 2008 to: AURORA LOAN SERVICES, LLC. 327 Inverness Drive South Englewood, CO 80112 GOLDBECK MCCAFFERTY & MCKEEVER Date: March 10, 2008 ~'- MICHAEL T. MCKEEVER